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Health Information Technology Champions (HITCh)

2007 Enacted Legislation on Health Information Technology

Over 250 health information technology bills were introduced this year.  A total of 74 bills passed in 39 states and the District of Columbia.

	Bill Number	Status/Date of Last Activity	Summary of Bill	HIT-related excerpts
Alabama	Act 2007-171, AL HJR 176	Enacted 04/16/2007	Establishes the Health Information Technology Partnership.	The responsibilities of the partnership include; Assessing the expenditure of all state agency funding, current and future, for health information technology.
Alaska
Arizona	Chapter 255, AZ H 2781	Enacted 06/25/2007	An act appropriating funds	Arizona state hospital Electronic medical records $300,000 Fund sources: State general fund  $300,000
Arkansas	Act 1283, AR H 1354	Enacted 04/05/2007	Department of Health and Human Services appropriations for the 2007-2009 biennium, including the Health Department Technology Fund, for Information Technology Initiative activities of the Department of Health.	Division of Health - Information Technology Initiatives for the biennial period ending June 30, 2009, the following: Fiscal year 2007-2008 - $596,640; 2008-2009 - $596,640.
California	CA AB 1298	Enacted 10/14/2007	The bill expands the states data breach notification law to include unencrypted medical information and health insurance information as defined by the bill.  In addition the bill prohibits a provider of health care, a health care service plan, contractor, or corporation and its subsidiaries and affiliates from intentionally sharing, selling, using for marketing, or otherwise using any medical information, as defined, for any purpose not necessary to provide health care services to a patient, except as expressly authorized by the patient, enrollee, or subscriber, as specified, or as otherwise required or authorized by law. The act includes within the definition of “provider of health care,” any corporation organized for the primary purpose of maintaining medical information for treatment or diagnosis, as specified.  This bill would apply the prohibitions of the Confidentiality of Medical Information Act to any business organized for the purpose of maintaining medical information to allow an individual to manage his or her information, or for the treatment or diagnosis of the individual.	Sec 1. 56.06. (a) Any business organized for the purpose of maintaining medical information in order to make the information available to an individual or to a provider of health care at the request of the individual or a provider of health care, for purposes of allowing the individual to manage his or her information, or for the diagnosis and treatment of the individual, shall be deemed to be a provider of health care subject to the requirements of this part. However, nothing in this section shall be construed to make a business specified in this subdivision a provider of health care for purposes of any law other than this part, including laws that specifically incorporate by reference the definitions of this part. (b) Any business described in subdivision (a) shall maintain the same standards of confidentiality required of a provider of health care with respect to medical information disclosed to the business. (c) Any business described in subdivision (a) shall be subject to the penalties for improper use and disclosure of medical information prescribed in this part. Sec 4. (e) For purposes of this section, “personal information” means an individual’s first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted:... (4) Medical information. (5) Health insurance information... (f) (2) For purposes of this section, “medical information” means any information regarding an individual’s medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, “health insurance information” means an individual’s health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual’s application and claims history, including any appeals records.
Colorado	Chapter 282, CO S 196	Enacted 05/24/2007	Creates the health information technology advisory committee to develop a long-range plan for health care information technology, including the use of electronic medical records, computerized clinical support systems, computerized physician order entry, regional data sharing interchanges for health care information, data privacy and security measures, and other methods of incorporating information technology in pursuit of greater cost-effectiveness and better patient outcomes in health care.	Creates the Health information technology advisory committee.  The committee shall develop a long-range plan for health care information technology, including the use of electronic medical records, computerized clinical support systems, computerized physician order entry, regional data sharing interchanges for health care information, data privacy and security measures, interoperable health information technology, and other methods of incorporating information technology in pursuit of greater cost-effectiveness and better patient outcomes in health care. In developing the long-range plan, the committee shall study the effect of health care information technology on price disparities in the delivery of health care services for residents of this State.  Requires the committee to pursue an interstate compact among western states to create internal state health information technology and health information exchange programs with the goal of connecting and exchanging information between the Provides for telemedicine reimbursement in the State’s Medical Assistance Programs for home health care services or home and community base services that are otherwise eligible for reimbursement under the program.
	Chapter 319, CO H 1346	Enacted 05/29/2007	Concerns managed care in the Medical Assistance Program.	Section (3) Subject to the approval of the state board, a PIHP agreement may also provide for an increase in the fee paid to the contractor in an amount reasonable calculated to cover the costs of collecting and maintaining the medical records of recipients through an electronic medical records system.
	Chapter 296, CO S 74	Enacted 05/25/2007	Creates the emergency access to health information demonstration program	Calls for the Health Care Task Force to make recommendations for… an interoperable, statewide electronic health information exchange , including but not limited to:  (I) privacy and security concerns;  (II) the benefits to public medical assistance programs participating in an electronic health information exchange; (III) accessibility of electrocardiogram tracings by emergency treatment facilities; (IV) priorities for implementing a statewide electronic health information exchange to improve health care safety, quality, and cost-effectiveness; (V) how western states can leverage resources and influences to advance regional and national electronic health information exchanges; and (VI) the benefits of an electronic health information exchange for Colorado’s health care reform efforts. The task force is to solicit information from an independent nonprofit organization established to facilitate the availability of a statewide electronic health information exchange; public and private health care providers from diverse geographic areas of the state; business interests; and consumers.
Connecticut	CT H 8002	Enacted 06/26/2007	Implements the provisions of the budget concerning human services and public health	Sec. 115. (Effective July 1, 2007) Up to $500,000 of the unexpended funds appropriated to the Department of Children and Families, for the fiscal year ending June 30, 2007, for Board and Care for Children - Foster Care, shall not lapse on June 30, 2007, and shall continue to be available for an electronic medical records system in FY 2008.
	Chapter 185, CT S 1484	Enacted 07/10/2007	Concerns the HealthFirst Connecticut and Healthy Kids initiatives	Sec. 24. (NEW) (Effective July 1, 2007) eHealth Connecticut shall be designated the lead health information exchange organization for the state of Connecticut for the period commencing July 1, 2007, and ending July 1, 2012. The Commissioner of Public Health shall contract with such organization to develop a state-wide health information technology plan, which includes development of standards, protocols and pilot programs for health information exchange.
	CT H 8001	Enacted 06/26/07	An act concerning the state budget for the biennium ending June 30, 2009, and making appropriating therfor.	e) Notwithstanding the provisions of section 4-28e of the general statutes, for the fiscal year ending June 30, 2008, the sum of $500,000 shall be transferred from the Tobacco and Health Trust Fund to The University of Connecticut Health Center for the Connecticut Health Information Network. (f) Notwithstanding the provisions of section 4-28e of the general statutes, for the fiscal year ending June 30, 2009, the sum of $500,000 shall be transferred from the Tobacco and Health Trust Fund to The University of Connecticut Health Center for the Connecticut Health Information Network.
Delaware	DE S 155	Enacted 07/01/2007	A Bond and Capital Improvements Act for the fiscal year ending June 30, 2008.	Section 37. Delaware Health Information Network. The Section 1 Addendum to this Act appropriates $3,000,000 for the Delaware Health Information Network. As a joint initiative between private, federal and state funds, the $3,000,000 shall be utilized to support the development of an interoperable network to exchange clinical information among all healthcare providers across the state to improve patient outcomes and patient-provider relationships. The system shall be designed to allow patient clinical information to be shared across all healthcare facilities and organizations and across public and private sectors.
	DE S 84	Enacted 7/24/2007	This bill replaces and updates the current pharmacy chapter of Title 24, including provisions relating to objectives, licensure, examination, reciprocity, complaints, grounds for discipline, hearings, and sanctions.	§2523.  Exemptions. Nothing in this chapter may be construed to prevent: (g) a pharmacist in this State from dispensing a valid non-controlled prescription drug pursuant to a prescription received via electronic transmission from a practitioner’s office to the prescription department of the dispensing pharmacy.
District of Columbia	DC B 2	Enacted 01/16/2007	Among other things appropriates funds for electronic health records system in community health centers.	(B) Of the remainder of the grant, $2.2 million in fiscal year 2007 and $2.8 in fiscal year 2009, shall be used to develop an electronic health record system for community health centers to promote higher quality of care, improved coordination of services among providers, and more accurate reporting of health statistics to the Department of Health; provided, that of the $2.2 million allocated for fiscal year 2007, $200,000 shall be used to support information technology needs for District of Columbia public and charter school nurse suites.
Florida	HB 1155	Enacted 06/15/07	Prohibits sale, manufacture, alteration, delivery, uttering, or possession of counterfeit-resistant prescription blanks for controlled substances with intent to injure or defraud; specifies circumstances under which pharmacist who dispenses controlled substances by mail is exempt from certain requirements governing patient ID; requires ACHA to monitor & report on implementation of electronic prescribing, etc	408.0611 Electronic prescribing clearinghouse.-- (1) It is the intent of the Legislature to promote the implementation of electronic prescribing by health care practitioners, health care facilities, and pharmacies in order to prevent prescription drug abuse, improve patient safety, and reduce unnecessary prescriptions. To that end, it is the intent of the Legislature to create a clearinghouse of information on electronic prescribing to convey the process and advantages of electronic prescribing; to provide information regarding the availability of electronic prescribing products, including no cost or low-cost products; and to regularly convene stakeholders to assess and accelerate the implementation of electronic prescribing.
	FL S 2800	Enacted 05/24/2007	Appropriations bill for the period beginning July 1, 2007, & ending June 30, 2008	177 Special categories grants and aids – Florida Health Information Network grants from Tobacco Settlement Trust Fund. . . . 2,000,000
Georgia	GA H 94	Enacted 04/19/2007	Appropriation bill	Provide funding to The Georgia Association for Primary Health Care to complete the statewide Electronic Medical Records system to link the Federally Qualified Community Health Centers. Amount appropriated in this Act $10,849,617     $11,499,4551
Hawaii
Idaho	Chapter 199, ID H 159	Enacted 03/27/2007	Creates a Community Health Center Grant Fund with the intent of improving access to health care services through grants.	Section (1) Individual grant awards will be limited to a total of five hundred thousand dollars ($500,000) for direct and indirect costs, per year. (2) No project may be funded for more than a total of one (1) year.  (3) In addition to other uses as approved by the board, funds awarded under a grant may be used for the purchase, construction, renovation or improvement of real property or for projects which are solely or predominantly designed for the purchase of equipment, including information technology and electronic health records.
Illinois	IL S 3866	Enacted 08/23/2007	Fiscal year 2008 appropriations bill	Article 300 Section 20. For Expenses of the Public Health Information Network… 67,800 For Expenses of the Adoption Registry and Medical Information Exchange… [V> 321,200 <V]  141,200
Indiana	Public Law 111, IN S 551	Enacted 05/02/2007	Establishes the Indiana Health Informatics Corporation for the purpose of ensuring and improving the health of the citizens of Indiana by encouraging, facilitating, and assisting in the development and operation of a statewide system for the electronic exchange of health care information and other health informatics functions in Indiana.  The corporation shall define a vision for a statewide health information exchange system to electronically exchange health care information between entities in a health care system; prepare a plan to create a statewide health information system; encourage, facilitate, and assist in the development of the statewide health information exchange system; respond to changes in the market related to a statewide HIE.  Calls for compliance with HIPAA.	Sec. 11. The corporation may request appropriations from the general assembly to: (1) carry out the corporation's duties under this article; and (2) fund the effort to develop and operate a statewide health information network.
Iowa	IA H 451	Enacted 04/20/2007	Creates a single point of entry long-term living resource systems team.  The team will issue a report to the general assembly on or before December 1, 2008 that includes recommendations regarding the use of electronic health records.	Creates a team to look at various aspects of single point of entry long-term living resources system: “The team shall also receive input regarding the benefits of the use of electronic health records.  (2) Make recommendations regarding the structure of and best means of providing a single point of entry to the long-term living resources system. The team shall also make recommendations regarding the use of electronic health records.”
	IA H 909	Enacted 05/29/2007	Makes appropriations for health and human services.	Appropriates $1,000,000 for the state center at Woodward and $1,000,000 for the state center at Glenwood, of which $750,000 at each shall be used to continue the procurement and installation of the electronic medical records system initiated in the fiscal year beginning July 1, 2005.
Kansas	KS H 2368	Enacted 04/23/2007	An act appropriating funds	(e) In addition to the other purposes for which expenditures may be made by the Kansas health policy authority from the moneys appropriated from the state general fund or from any special revenue fund for the Kansas health policy authority for fiscal year 2008, as authorized by this or any other appropriation act of the 2007 regular session of the legislature, expenditures shall be made by the Kansas health policy authority from moneys appropriated from the state general fund or from any special revenue fund for the Kansas health policy authority for fiscal year 2008 to support ongoing health information exchange initiatives that include health information exchange infrastructure planning, privacy and security collaboration, the advanced identification card project and the community health record project and to support the inclusion of disease management, a strengthening of electronic prescribing and electronic medical records and the development of pilot programs and compatibility with the private sector.
Kentucky
Louisiana	Act 243, LA S 1	Enacted 07/06/2007	Authorizes the Department of Health and Hospitals to develop and implement a health care delivery system for Medicaid recipients and low-income uninsured citizens.	Creates a medical home system of care that shall be know as Louisiana Health First.  To fully participate in Louisiana Health first providers must adopt health information technology as defined in the bill.  The department is required to avail itself of any public and private funding available to implement health information technology.  Section 978.4. Funding The provisions of this Chapter shall be budget neutral or subject to an annual appropriation of the legislature.
	Act 172, LA S 238	Enacted 06/27/2007	Establishes the health care redesign fund to help implement the findings of the Health Care Redesign Collaborative.  Money in the fund shall be appropriated and used for the following health care initiatives and services: development of a medical home for low income uninsured, reduce the incidence of emergency room services, improve essential behavioral health services, mental health/addictive disorder services, expansion of health insurance through the Medicaid program, reengineering of the state’s vital records system, Quality Forum initiatives, health information technology initiatives, healthcare workforce development and retention, development disabilities services, essential adult and aging services public health services, and for enhancement of provider reimbursement rates.	D. Monies in the fund shall be appropriated and used solely to pay costs and expenses associated with the following health care initiatives and services:  (4) Initiatives to further the adoption and use of health information technology as it relates to improving the quality, efficiency, cost, and safety of health care for Louisiana residents, including but not limited to implementation of national Health Information Technology/Health Information Exchange standards at the state and local levels, building of the health information exchange infrastructure, and adoption of electronic medical records and other clinical information and decision support systems at the health care provider level.
	Act 203, H 765	Enacted 06/27/2007	To appropriate funds from certain sources to be allocated to designated agencies and purposes in specific amounts for the making of supplemental appropriations for said agencies and purposes	Payable out of the State General Fund (Direct) for implementation of Phase I of the statewide electronic medical records system for state public hospitals and medical centers $ 30,000,000
Maine	Chapter 72, ME LD 727	Enacted 05/04/2007	An Act To Expand the Definition of Health Care Facility under the Maine Health and Higher Educational Facilities Authority Act	Adds the following language to the definition of a health care facility. “a nonprofit statewide health information network incorporated in the State for the purpose of exchanging health care information among licensed providers in the State”
	Chapter 240, ME LD 499	Enacted 06/07/2007	Appropriates funds for the 2008-09 biennium	Appropriates funds on a one-time basis for grants to HealthInfoNet to help build the first phase of Maine's health information exchange system.  2007-08 General Fund Total  $265,000
	ME HB 1009, LD 1440	Enacted 6/20/2007	This bill prohibits computer software that assists a health care practitioner in prescribing drugs from influencing the prescribing decision of the health care practitioner through any means, including, but not limited to, advertising, instant messaging and pop-up advertisements.	2-A.   Software prohibition.     Beginning January 1, 2008, a person may not sell or distribute in the State computer software that influences or attempts to influence a prescribing decision of a prescriber to prescribe a certain drug or that directs a patient to a certain pharmacy. Features of computer software that are prohibited include, but are not limited to, pop-up and other advertisements, instant messages and economic incentives that are triggered by or in specific response to a selection, act or other input or designation of pharmacy by the prescriber or an agent of the prescriber. This subsection does not apply to in-house equipment provided within a hospital for use by prescribers and the hospital pharmacy or to information provided to a prescriber about prescription drug formulary compliance, patient care management or pharmacy reimbursement.
Maryland	MD H 979	Enacted 04/24/2007	Establishes a health information exchange pilot project to be operated by the Maryland-DC Collaborative.  Requires the Maryland Health Care Commission and the State Heatlh Services Cost Review Commission to ensure the pilot project address privacy, security, economic interoperability issues and establishes appropriate policies and protections in these areas.  Hospitals may apply to the state health services cost review commission for a one-time award through rate adjustment to provide partial compensation for the cost of developing a data interface necessary for participation in the collaborative.	Hospitals may apply to the state health services cost review commission for a one-time award through rate adjustment to provide partial compensation for the cost of developing a data interface necessary for participation in the collaborative.
Massachusetts	MA H 4141	Enacted 07/12/2007	Appropriates funds for fiscal year 2008	4000-0500.. no later than December 1, 2007, the office of Medicaid shall submit a Medicaid Transformation Grant, federal funding opportunity number HHS-2007-CMS-MTG-0010, to the Centers for Medicare & Medicaid Services CMS) to fund a MassHealth e-Prescribing pilot project to introduce electronic prescription writing (e-prescribing) to Medicaid providers for developing, piloting, evaluating and rolling out a real-time decision support solution that can be integrated into providers' workflow
	MA H 4160	Enacted 10/10/2007	Creates an electronic health records systems taskforce that shall: (1) develop an electronic health records system that provides linkages between multiple settings including, but not limited to, the MassHealth and SCHIP programs, programs administered by the commonwealth connector and programs serving children in foster care, that utilize health records and that is consistent with requirements for community health records and electronic prescribing; (2) evaluate the economic model and the anticipated benefits of electronic health records; and (3) provide quarterly updates to the governor and the chairs of the house and senate committees on ways and means and the chairs of the joint committee on health care financing regarding progress in the development of national standards and the work of the task force.	(a) Notwithstanding any general or special law to the contrary, the executive office of health and human services shall establish an electronic health records system task force to make recommendations to the secretary of health and human services with respect to an electronic health records system for children in foster care, individuals and dependents enrolled in the MassHealth and SCHIP programs, and individuals and dependents enrolled in commonwealth care or safety net care programs.
Michigan	Public Act 7, MI S 404	Enacted 05/07/2007	Appropriations bill for the Department of Community Health.	Section 103 (3) $7,250,000 to the Medical Services Administration for Health Information Technology Initiatives.
	MI S 1	Enacted 10/01/2007	Among other things, the department of community health shall seek financial support for electronic health records, including, but not limited to, personal health records, e-prescribing, web-based medical records, and other health information technology initiatives using medicaid funds.	Section 105 (b)(4) The department of community health shall seek financial support for electronic health records, including, but not limited to, personal health records, e-prescribing, web-based medical records, and other health information technology initiatives using Medicaid funds.
	MI H 4344	Enacted 10/31/2007	Appropriation bill for the Department of Community Health	Sec. 1763. From the funds appropriated in part 1 for health plan services, Medicaid health plans in southeast Michigan shall participate in a risk adverse, budget-neutral 10-month production pilot with a Michigan-based service provider when an interoperable hub that provides secure aggregation and access to medication history data through the use of an existing, outsourced health information exchange infrastructure has been developed. The infrastructure will provide cross domain single sign-on allowing for realtime, data aggregation across disparate organizations and systems. The pilot project shall include a methodology to identify and measure savings generated by the pilot project. Medicaid health plan payments for the project shall not exceed the savings achieved.
Minnesota	Chapter 147, MN H 1078	Enacted 05/25/2007	Requires all hospital and health care providers to have interoperable electronic health records systems by January 1, 2015.  Updates the states health privacy laws to allow for record locator services and for the electronic submission of consent.  Establishes penalties for providers and health information exchanges that release a patient records without proper authorization.  Creates revolving account and loan program for interoperable electronic health record systems.  Requires all group purchasers and health care providers to electronically exchange, in a standard form the following:  eligibility, claims, payment and remittance advice.	By January 1, 2015, all hospitals and health care providers must have in place an interoperable electronic health records system within their hospital system or clinical practice setting. The commissioner of health, in consultation with the Health Information Technology and Infrastructure Advisory Committee, shall develop a statewide plan to meet this goal, including uniform standards to be used for the interoperable system for sharing and synchronizing patient data across systems. The standards must be compatible with federal efforts. The uniform standards must be developed by January 1, 2009, with a status report on the development of these standards submitted to the legislature by January 15, 2008. Updates health records law to allow for the use of record locator services (RLS).  RLS are liable for inappropriate disclosures of patient information.  RLS are required to keep an audit log of providers accessing a patient information.  Allows for providers to submit patient consent electronically.   Subdivision 1. Account establishment. An account is established to provide loans to eligible borrowers to assist in financing the installation or support of an interoperable health record system. The system must provide for the interoperable exchange of health care information between the applicant and, at a minimum, a hospital system, pharmacy, and a health care clinic or other physician group.
	Chapter 148, MN H 548	Enacted 05/25/2007	Omnibus bill relating to government operations; appropriating money for the general legislative and administrative expenses of state government; regulating state and local government operations	Subdivision 1. Project established. The Minnesota State Colleges and Universities Board of Trustees (MnSCU), in collaboration with the commissioner of employee relations may establish an enterprise-wide pilot project to provide consumer-owned electronic personal health records to MnSCU employees and all participants in the state employee group insurance program.
	Chapter 144, MN H 1063	Enacted 05/30/2007	Appropriates funds for higher education if certain conditions are met for increased training of students on the use of electronic medical record technology	One percent of the appropriation in this subdivision is available after the board demonstrates to the commissioner of finance that the Minnesota State Colleges and Universities system has achieved at least three of the following five goals:…      (3) increase by at least 700, compared to fiscal year 2007, the number of students trained on the use of electronic medical record technology;
Mississippi
Missouri	MO S 577	Enacted 07/02//2007	This act establishes the Missouri Continuing Health Improvement Act of 2007, modifying various provisions relating to the state medical assistance program and changing the name of the program to MO HealthNet.  Creates a Health Care Technology Fund which shall consist of all gifts, donations, transfers, and moneys appropriated by the general assembly, and bequests to the fund. The state treasurer shall be custodian of the fund and may approve disbursements from the fund. The fund shall be administered by the department of social services in accordance with the recommendations of the MO HealthNet oversight committee unless otherwise specified by the general assembly. Moneys in the fund shall be distributed in accordance with specific appropriation by the general assembly. The director of the department of social services shall submit his or her recommendations for the disbursement of the funds to the governor and the general assembly.	208.975. 1. There is hereby created in the state treasury the "Health Care Technology Fund" which shall consist of all gifts, donations, transfers, and moneys appropriated by the general assembly, and bequests to the fund. The state treasurer shall be custodian of the fund and may approve disbursements from the fund in accordance with sections 30.170 and 30.180, RSMo. The fund shall be administered by the department of social services in accordance with the recommendations of the MO HealthNet oversight committee unless otherwise specified by the general assembly. Moneys in the fund shall be distributed in accordance with specific appropriation by the general assembly. The director of the department of social services shall submit his or her recommendations for the disbursement of the funds to the governor and the general assembly.
	MO H 11	Enacted 06/27/2007	Appropriations bill for the Department of Social Services and the Office of Administration	For the purpose of funding an electronic pilot project in one or more skilled nursing facilities in Greene County to study the cost effectiveness of electronic health records in long term care and the financial benefit to Missouri HealthNet From Nursing Facility Quality of Care Fund.... $450,000
Montana	MT D 683, MT SJR 19	Enacted 04/24/2007	Relates to developing health information technology.	A Joint Resolution of the Senate and the House of Representatives supporting the development of secure and confidential health information technology and exchange in local communities. Section (2) That the State of Montana support the funding of a demonstration project in specific communities throughout the state as developed by the health information task force.
	MT SJR 15	Enacted 05/8/2007	The resolution call for a committee to study health care access and delivery in general with a specific focus on the existence of specialty hospitals and the use of economic credentialing.  Among the items to be studied is health information technology	3) analyze and develop public policy recommendations associated with Montana's health care delivery system and Montana's health care consumers for consideration by the 61st Legislature, including but not limited to:… (g) health information technology;
Nebraska
Nevada	Chapter 423, NV S 536	Enacted 06/13/2007	HIPPA covered entities that transit individually identifiable health information in compliance with HIPPA provisions are exempt from more stringent state laws.  The bill also allows individuals to opt out of electronic transmission of individually identifiable health information with an exceptions for Medicaid and SCHIP patients and when required by HIPPA or state law.	1. If a covered entity transmits electronically individually identifiable health information in compliance with the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, which govern the electronic transmission of such information, the covered entity is, for purposes of the electronic transmission, exempt from any state law that contains more stringent requirements or provisions concerning the privacy or confidentiality of individually identifiable health information…  2. A covered entity that makes individually identifiable health information available electronically pursuant to subsection 1 shall allow any person to opt out of having his individually identifiable health information disclosed electronically to other covered entities, except:      (a) As required by the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191. (b) As otherwise required by a state law. (c) That a person who is a recipient of Medicaid or insurance pursuant to the Children's Health Insurance Program may not opt out of having his individually identifiable health information disclosed electronically.
New Hampshire	NH HB 134	Enacted 7/16/2007	Requires certain things when e-prescribing; allows a patient to receive a paper prescription instead of an oral or electronic one, requires electronic prescriptions to include a minimum set of data,  electronic prescribing must not interfere with a patient’s freedom to choose a pharmacy, prohibits electronic prescribing software from attempting in influence a prescribers decision at the point of care. Prohibits the use of prescription information for any purpose other than the transmission of prescriptions, prescription refills, and clinical information displayed to the prescriber or pharmacist by entities that have access to the data solely for the purpose of transmitting of facilitating the transmission of prescriptions between the prescriber and the pharmacy.	(c) Electronic prescribing software shall not use any means or permit any other person to use any means, including, but not limited to, advertising, instant messaging, and pop-up ads, to influence or attempt to influence, through economic incentives or otherwise, the prescribing decision of a prescribing practitioner at the point of care. Such means shall not be triggered by or in specific response to the input, selection, or act of a prescribing practitioner or his or her agent in prescribing a certain pharmaceutical or directing a patient to a certain pharmacy. (d) Electronic prescribing software may show information regarding a payor’s formulary, co-payment, or benefit plan as long as nothing is designed to preclude or make more difficult the act of a prescribing practitioner or patient selecting any particular pharmacy or pharmaceutical. (e) No person who has access to electronic prescription information solely by transmitting or facilitating the transmission of prescriptions between the licensed prescriber generating the prescription and the pharmacy receiving the prescription, or any intermediary, shall retain the prescription or any information it contains for longer than is mandated by federal or state law, after which time the prescription information shall be destroyed. No such person shall sell, use, or otherwise make available the prescription information for any purpose other than transmission of prescriptions, prescription refills, and clinical information displayed to the prescriber or pharmacist.
New Jersey
New Mexico	Chapter 007-21, NM S 611	Enacted 03/13/2007	Making appropriations and authorizing expenditures by state agencies	twenty-five thousand dollars ($25,000) to purchase electronic health records software for the Mora valley community health center;
	NM HM 60	Enacted 03/07/2007	Asks the health and human services committee to conduct a board review of health care reform including health information technology	WHEREAS, information technology and telecommunications offer an ability to streamline billing; claims processing; reimbursement; medical records storage and retrieval; and electronic prescriptions, databases and registries; as well as health care delivery and interfaces to remote and underserved areas; and
	NM HB 428	Enacted 03/13/2007	Amends the New Mexico Telehealth Act to the New Mexico Telehealth and Health Information Technology Commission Act.  Expands the focus of the commission to include health information technology.  The bill  also defines health information technology and adds a member from the health information technology industry to the commission.	C. The commission shall:…  (2) identify barriers to telehealth and health information technology utilization and expansion, including payment, infrastructure, training and workforce availability; (3) inventory the state's telehealth and health information technology assets, map available telecommunications infrastructure and examine the financial impact of failing to develop the state's telehealth and health information technology capacities;…
	NM H 2	Enacted 03/15/2007	Appropriations act	sixty-three thousand dollars ($63,000) for a health information exchange collaborative network… For implementation of electronic medical records to be allocated to the development of the collaborative clinical hub and to expand test clinical sites contingent on a dollar-for-dollar match by the health information exchange collaborative.
New York	Chapter 54, NY S 2104	Enacted 04/09/2007	Appropriations to the Health and Mental Hygiene budget.	For services and expenses of health information technology ....3,000,000
North Carolina	NC H 1369	Enacted 7/20/2007	Allows an electronic copy of a prescription order or refill to constitute the original prescription order. Allows medical consent and authorization forms to be kept in the same electronic format as other medical records.	(a) Every pharmacist-manager of a pharmacy shall maintain for at least three years the original of every prescription order and refill compounded or dispensed at the pharmacy except for prescription orders recorded in a patient's medical record. An automated data processing system may be used for the storage and retrieval of refill information for prescriptions pursuant to the regulations of the Board. A pharmacist-manager may comply with this section by capturing and maintaining an electronic image of a prescription order or refill. An electronic image of a prescription order or refill shall constitute the original prescription order, and a hard copy of the prescription order or refill is not required to be maintained. If a pharmacist-manager elects to maintain prescription orders by capturing electronic images of prescription orders or refills, the pharmacy's computer system must be capable of maintaining, printing, and providing in an electronic or paper format, upon a request by the Board, all of the information required by this Chapter or rules adopted pursuant to this Chapter within 48 hours of such a request.
North Dakota	ND H 1021	Enacted 05/02/2007	Concerns the Information Technology Department; makes appropriations to defray expenses; creates a health information technology steering committee and the borrowing authority of the information technology department.	Section 9. North Dakota health information technology steering committee. The North Dakota health information technology steering committee consists of the state health officer or the state health officer's designee, the governor or the governor's designee, the executive director of the department of human services or the executive director's designee, individuals appointed by the governor to represent state government interests, and individuals appointed by the state health officer to represent health information technology stakeholders.
Ohio	OH H 119	Enacted 06/30/2007	Appropriations Bill.	Sec. 3333.55. (A) The health information and imaging technology workforce development pilot project is hereby established. Under the project, in fiscal years 2008 through 2010, the Ohio board of regents shall design and implement a three-year pilot program to test, in the vicinity of Clark, Greene, and Montgomery counties, how a P-16 public-private education and workforce development collaborative may address each of the following goals:…      (2) Increase the number of students pursuing professional careers in health information and imaging technology upon receiving related technical education and professional experience, in all demographic regions of the state;
Oklahoma
Oregon	OR S 329	Enacted 06/28/2007	Establishes Oregon Health Fund program; establishes Oregon Health Fund Board to administer program; requires Board to adopt enrollment procedures and defined set of essential health services; requires Board to contract with health plans licensed to transact business in state to provide coverage; requires certain persons to participate in program.	SECTION 13.  (1) The Administrator of the Office for Oregon Health Policy and Research, in collaboration with the Oregon Health Research and Evaluation Collaborative and other persons with relevant expertise, shall be responsible for developing a plan for evaluating the implementation and outcomes of the legislation described in section 11 of this 2007 Act. The evaluation plan shall focus particularly on the individuals receiving health care covered through the state Medicaid program, the Oregon State Children's Health Insurance Program and the Family Health Insurance Assistance Program and shall include measures of:…      (2) The administrator shall develop recommendations for a model quality institute that shall:…      (b) Provide leadership and support to further the development of widespread and shared electronic health records;      (c) Develop the capacity of the workforce to capitalize on health information technology;
Pennsylvania
Rhode Island	RI S 1085	Enacted 06/21/2007	Resolution enduring the adoption of HIT	RESOLVED, That this General Assembly of the State of Rhode Island and Providence Plantations hereby affirms the need to transition from a paper-based medical system to an electronic-records system;
	RI H 6125	Enacted 10/30/07	Amends the Rhode Island Coordinated Health Planning Act of 2006 to include a health care planning and accountability advisory council that will develop and promote recommendations on to reform the health care systems including the state’s health care delivery and financing system.	23-81-4.Powers of the health care planning and accountability advisory council. -- Powers of the council shall include, but not be limited to the following:      (a) The authority to develop and promote studies, advisory opinions and a unified health plan on the state's health care delivery and financing system, including but not limited to:…      (5) Plans for promoting the appropriate role of technology in improving the availability of health information across the health care system, while promoting practices that ensure the confidentiality and security of health records; and
South Carolina	SC S 610	Adopted 6/13/2007	Authorizes and establishes procedure for e-prescribing including contents of the prescription, acceptable methods of electronic prescription transmission, criteria and safeguards for the electronic equipment utilized to electronically transmit prescription, patients confidentiality, and sanctions for violations.	Section 44-117-320.    (A) A practitioner may electronically transmit a prescription to a pharmacy if all of these conditions are met: (1) A valid practitioner/patient relationship must exist… (3) The prescription must be transmitted by the authorized practitioner or the practitioner's designated agent to the pharmacy of the patient's choice, and the prescription must be received only by a pharmacy, with no intervening person or entity having access to view, read, manipulate, alter, store, or delete the electronic prescription prior to its receipt at the pharmacy…. (5) The prescription must have the practitioner's electronic or digital signature or key code.
South Dakota
Tennessee	SB 2268	Enacted 06/06/2007	Prohibits state contracts for the development or purchase of HIT with other states and federal agencies without the plans for such a purchase receiving initial approval from the Commissioner of Finance and Administration	No state contract for the development, implementation and interoperability of the adoption of electronic health records, health information exchange, and eHealth infrastructure which includes initiatives with other states and federal agencies in which the state of Tennessee or any of its departments, institutions or agencies has an interest, shall be sought until the initial plans for such procurement have been submitted to and approved by the Commissioner of Finance and Administration.
Texas	TX H 1066	Enacted 06/15/2007	Establishes the Texas Health Services Authority as a public-private collaborative to serve as a catalyst for the development of a seamless electronic health information infrastructure.  The Corporation shall promote, implement, and facilitate the voluntary and secure electronic exchange of health information and create incentives.  Unless continued, the corporation will be abolished on September 1, 2011.  The Corporation will be governed by a board of 11 directors appointed by the governor.  The Corporation may: establish statewide HIE capabilities; seek funding; support RHIO initiatives; identify standards.  Also lists acts which the Corporation may NOT engage in including: comparing or rating physicians, providing protected de-identified data for research.	Establishes the Texas Health Services Authority as a public-private collaborative to implement the state-level health information technology functions identified by the Texas Health Information Technology Advisory Committee Sec. 182.106.(a) The corporation may be funded through the General Appropriations Act and may request, accept, and use gifts and grants as necessary to implement its functions.
	TX S 10	Enacted 06/14/2007	Relating to the operation and financing of the medical assistance program and other programs to provide health care benefits and services to persons in this state.  Subject to approval of a federal waiver a Texas Health Opportunity Pool Trust Fund is established.  Money in the fund will be used to defray the costs of providing uncompensated health care.   To be eligible for money from the fund a portion of the funds muse be used to implement strategies that will reduce the need for uncompensated patient care. Among the eligible strategies is “creating health care systems efficiencies, such as using electronic medical records systems.”	Section 3 “(b) To be eligible for money from the pool under this section, a hospital or county must use a portion of the money to implement strategies that will reduce the need for uncompensated inpatient and outpatient care, including care provided in a hospital emergency room. Strategies that may be implemented by a county or hospital, as applicable, include:… (2) creating health care systems efficiencies, such as using electronic medical records systems.”
	TX S 204	Enacted 06/15/07	The bill requires vendors that sell electronic medical record systems to Texas health care providers include automatic uploading and downloading capabilities for the fields necessary to populate the state immunization registry.	A person who sells, leases, or otherwise provides an electronic medical records software package or system to a person who administers immunizations in this state or to an entity that manages records for the person shall provide, as apart of the EMR package or system, the ability to: electronically interface with the immunization registry created under this subchapter; generate electronic reports that contain the fields necessary to populate the immunization registry.
	TX H 921	Enacted 06/15/2007	The bill establishes an interagency information sharing pilot program. This bill requires the Texas Health Care Policy Council, in consultation with the Department of Information Resources, to develop standards for the secure electronic sharing of information between participating agencies. This pilot program expires September 1, 2013.	Sec.A113.052. DEVELOPMENT OF INFORMATION SHARING STANDARDS; PUBLICATION. (a) The council, in consultation with the Department of Information Resources, shall develop standards for the secure sharing of information electronically among participating agencies. (b)The data sharing standards developed by the council under this section must: (1)require a participating agency to comply with any federal or state law relating to the security and confidentiality of the information maintained or received by the agency; (2)ensure the security of personally identifiable information and the protection of personally identifiable information from inappropriate release; and (3)include strategies for sharing information and procedures for transferring information.
	TX H 522	Enacted 05/25/07	Allows the commissioner to establish rules to require health plans to enable providers at the point of service to be able to access plan eligibility and benefits information.  Requires the commissioner of the Department of Insurance to appoint a technical advisory committee to establishes standards for the exchange of eligibility and benefits information.  The bill also requires the commissioner to implement an identification card pilot program and to require the issuer of a health benefit plan that is offered in the county or counties selected for initial participation in the pilot program to issue identification cards that comply with commissioner rules to each enrollee of the plan.	Allows the commissioner to establish rules to require health plans to enable providers at the point of service to be able to access plan eligibility and benefits information.
	TX S 11	Enacted 06/06/2007	Relating to homeland security and protection of the public, including protections against human trafficking; providing penalties	SECTION 12.03.     (a) The department, for the primary purpose  purposes  of establishing and maintaining a single repository of accurate, complete, and current immunization records to be used in aiding, coordinating, and promoting efficient and cost-effective childhood communicable disease prevention and control efforts, shall establish and maintain a childhood  immunization registry. The department by rule shall develop guidelines to:     (1) protect the confidentiality of patients in accordance with Section 159.002, Occupations Code;     (2) inform a parent, managing conservator, or guardian of each patient younger than 18 years of age  about the registry;     (3) require the written consent of a parent, managing conservator, or guardian of a patient  younger than 18 years of age  before any information relating to the patient is included in the registry;  and     (4) permit a parent, managing conservator, or guardian  of a patient younger than 18 years of age  to withdraw consent for the patient to be included in the registry  ; and      (5) determine the process by which consent is verified, including affirmation by a health care provider, birth registrar, regional health information exchange, or local immunization registry that consent has been obtained.
	TX S 994	Adopted 6/16/2007	Allows for electronic prescriptions for certain controlled substances to be submitted by certain physicians and allows pharmacies within Texas to dispense those prescriptions.	(g) A person may not dispense a controlled substance in Schedule III or IV that is a prescription drug under the Federal  Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.) without a written, oral, or telephonically or electronically communicated prescription of a practitioner defined by Section 481.002(39)(A) or (D), except that the practitioner may dispense the substance  directly to an ultimate user.
Utah
Vermont	Act 27, VT H 380	Enacted 05/16/2007	This Act relates to the regulation of health care facilities.  An applicant seeking expedited review of a certificate of need application for a HIT project may simultaneously file a letter of intent and an application with the commissioner of banking, insurance, securities, and health care administration without providing the public notice required.  The Commissioner shall issue public notice of the application and the request for expedited review and identify a date by which a competing application or petition for interested party status may be filed.  If a competing application is not filed and no one opposing the application is granted interest party status, the commissioner may formally declare the application uncontested and may issue a certificate of need without further process upon finding the application is consistent with: the preliminary HIT plan issued by VITL on January 1, 2007 and the health resource allocation plan.	Section 12 “the commissioner may formally declare the application uncontested and may issue a certificate of need without further process, or with such abbreviated process as the commissioner deems appropriate, upon a finding that application is consistent with: (1)  the preliminary health information technology plan issued by the Vermont information technology leaders on January 1, 2007, pursuant to subsection 9417(g) of Title 18, or with the final health information technology plan, if it has been issued at the time the certificate of need is filed; and (2)  the health resource allocation plan.”
	Act 70, VT H 229	Enacted 06/05/2007	The Commissioner shall facilitate the development of a statewide HIT plan that includes the implementation of an integrated electronic health information infrastructure for the sharing of electronic health information. The HIT plan shall: support the effective, efficient, statewide use of electronic health information; education the general public and health professionals; promote the use of national standards for the development of an interoperable system; propose strategic investments recommend funding mechanisms; incorporate existing HIT initiatives; address issues related to data ownership; and contract with the VITL to operate the exclusive statewide HIE network.	(a) The commissioner shall facilitate the development of a statewide health information technology plan that includes the implementation of an integrated electronic health information infrastructure for the sharing of electronic health information among health care facilities, health care professionals, public and private payers, and patients.  The plan should recommend funding mechanisms for the ongoing development and maintenance costs of a statewide health information system. (c)(1) The commissioner shall contract with the Vermont information technology leaders (VITL), a broad-based health information technology advisory group. (i) VITL is authorized to seek matching funds.
	Act 71, VT H 531	Enacted 06/05/2007	Calls for the development and implementation of a blueprint for health, including a five-year strategic plan.  The blueprint must further the use of information technology.  Also calls for a medical home chronic care management project which calls for all PCPs participating to use HIT, which may include remote monitoring and patient registries, to monitor and track health status of patients and to provide patients with enhanced and convenient access to heath care services.	Section 7(d) For fiscal year 2008, the department of health shall provide a grant to the Vermont rural health alliance for the early implementation projects described in this section upon the approval by the commissioner and upon receipt of $185,000.00 by the alliance of federal grant or other matching funds.
	VT H 537	Enacted 06/04/2007	Fiscal Year 2008 Appropriations Act	(a)  Of the above appropriation, $726,664, consisting of $395,000 in general funds, $105,000 in Global Commitment funds, and $226,664 in special funds, is for a continuation of the project conducted by the Vermont information technology leaders (VITL), as referred to in Sec. 263(e)(3) of No. 71 of the Acts of 2005, as amended by Sec. 74 of No. 93 of the Acts of 2006.  Availability of the $726,664 funds is contingent on the secretary of administration’s approval of an annual plan submitted by VITL to coordinate VITL’s activities with “the Vermont blueprint for health chronic care initiative” and other health care-related statewide information technology projects.  Availability of the $726,664 shall also be contingent on the delivery by VITL of an update on a sustainable business plan to the secretary of administration and the general assembly; and a commitment by VITL to use “best efforts” to secure a nonstate match for the funds.
	VT S 115	Adopted 6/9/2007	An act relating to increasing transparency of prescription drug pricing and information	§ 2466a. Consumer Protections; Prescription Drugs  (d) No person shall sell, offer for sale, or distribute electronic prescribing software that advertises, uses instant messaging and pop-up advertisements, or uses other means to influence or attempt to influence the prescribing decision of a health care professional through economic incentives or otherwise and which is triggered or in specific response to the input, selection, or act of a health care professional or agent in prescribing a specific prescription drug or directing a patient to a certain pharmacy. This subsection shall not apply to information provided to the health care professional about pharmacy reimbursement, prescription drug formulary compliance, and patient care management.
Virginia	Chapter 847, VA H 1650	Enacted 04/04/2007	Appropriates public revenues	311 Z.1. Out of this appropriation, $4,698,113 the second year from nongeneral funds shall be used to develop and implement a system of electronic medical records, including any necessary system upgrades, for individuals receiving services at state mental health and mental retardation facilities. The Department of Mental Health, Mental Retardation and Substance Abuse Services shall collaborate with the Secretary of Technology to pursue a multi-source procurement. Any agreement signed by the department for health information technology or a health information technology system for the retrieval, storage, or exchange of health information shall be consistent with federal standards for the electronic exchange of health information and include a provision to ensure interoperability.
	Chapter 635, VA H 2198	Enacted 03/20/2007	Requires any electronic health records system or software purchased by a state agency to adhere to accepted standards for interoperability or to be certified by a recognized certification body.	Section 1 “That any state agency of the Commonwealth that purchases a system or software that pertains to or interacts with electronic patient information or electronic health records shall ensure that such system or software adheres to accepted standards for interoperability and data exchange or has been certified by a recognized certification body which shall ensure patient confidentiality.”
Washington	Chapter 259, WA S 5930	Enacted 05/02/2007	Provides high quality, affordable health care to residents based on the recommendations of the blue ribbon commission on health care costs and access.	Authorizes an evaluation of the impact of the use of shared decision making with decision aids, including the use of preference-sensitive health care services selected for the demonstration project and expenditures for those services.  Establishes demonstration projects, which as a condition of participating in the demonstration project, a participating practice site must bear the cost of selecting, purchasing, and incorporating the chosen decision aids into clinical practice.
	Chapter 2007-522, WA H 1128	Enacted 05/15/2007	Makes appropriations for 2007-2009	(4) $1,012,000 of the general fund -- state appropriation for fiscal year 2008 and $338,000 of the general fund -- state appropriation for fiscal year 2009 are provided solely for an evaluation of the information technology infrastructure capacity for institutions operated by the department of social and health services, department of veterans affairs, and department of corrections. The evaluation will detail the status of the participating institutions' infrastructure and recommend an improvement strategy that includes the use of electronic medical records. The department shall report back to the appropriate committees of the legislature on its findings by January 1, 2009.
West Virginia	WV H 2007	Enacted 03/18/2007	Appropriates funds	173. -West Virginia Health Care Authority- The Health Care Authority is authorized to transfer up to $1,400,000 from this fund to the West Virginia Health Information Network Account (fund 5380) as authorized per 16-29G-4.
Wisconsin	WI S 40	Enacted 10/26/2007	The bill creates a tax credit for providers who purchase IT tools (software or hardware) used to maintain electronic medical records.  Providers can claim up to 50% of the cost of the system with a maximum of $10 million a year.	SECTION 1989. 71.07 (5i) of the statutes is created to read: 71.07 (5i) ELECTRONIC MEDICAL RECORDS CREDIT. (a) Definitions. In this subsection, “claimant” means a person who files a claim under this subsection. (b) Filing claims. Subject to the limitations provided in this subsection, for taxable years beginning after December 31, 2009, a claimant may claim as a credit against the taxes imposed under s. 71.02, up to the amount of those taxes, an amount equal to 50 percent of the amount the claimant paid in the taxable year for information technology hardware or software that is used to maintain medical records in electronic form, if the claimant is a health care provider, as defined in s. 146.81 (1).
Wyoming

Updated January 4, 2008